Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter considers psychological explanations for criminality. The discussions cover the constituents of the personality; formation of the super-ego; balancing the id, ego, and super-ego; ‘normal’ criminals; extroversion and neuroticism; criticism of psychoanalytical theories; the normal criminal personality; and assessment of dangerousness and criminality.
Chapter
Martin Hannibal and Lisa Mountford
This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the actus reus elements of criminal offence. The actus reus consists of prohibited conduct (acts or omissions), prohibited circumstances, and/or prohibited consequences (results). A person can be criminally liable for omissions at common law, but imposing this liability can be controversial. Causation is a key part of consequence/result crimes. The prosecution must prove that the result was caused by the defendant. In order to do this, the chain of causation must first be established, and then consideration must be given to any intervention which might break the chain.
Chapter
This chapter starts by presenting a brief sketch of the key stages and decisions of the criminal process which forms part of the English criminal justice system. The significance of those stages and decisions is discussed before they are then classified according to their nature and consequence. This is followed in the next section by differentiating between the criminal process and the system before moving on to orient the reader by outlining significant reforms that have shaped the criminal process in the past decades. There is a final concluding section.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the actus reus elements of criminal offence. The actus reus consists of prohibited conduct (acts or omissions), prohibited circumstances, and/or prohibited consequences (results). A person can be criminally liable for omissions at common law, but imposing this liability can be controversial. Causation is a key part of consequence/result crimes. The prosecution must prove that the result was caused by the defendant. In order to do this, the chain of causation must first be established, and then consideration must be given to any intervention which might break the chain.
Chapter
This chapter examines the law on murder. It considers when does life begin and end for the purposes of the law of murder; should an intention to cause really serious harm suffice as the mens rea for murder; and how might this area of the law be reformed so as to reflect generally recognized principles of the criminal law?
Chapter
This chapter begins by explaining the concept of an inchoate or ‘incomplete’ offence. Such an offence may occur when D does all that he or she can do to commit the crime (such as shooting at the victim), but simply fails to bring about the outcome. Alternatively, such an offence may occur when D is still at the stage of preparation for committing the offence, but has come so close to committing it that it would be right to call the acts in question an ‘attempt’ in themselves. The chapter then discusses the justifications for penalizing attempts at crimes, the elements of criminal attempt, the justifications for an offence of conspiracy, the elements of criminal conspiracy, encouraging or assisting crime, voluntary renunciation of criminal purpose, the relationship between substantive and inchoate crimes, and the place of inchoate liability.
Chapter
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
This chapter discusses the relation between international law and criminal jurisdiction by states and examines the main heads of jurisdiction applied by states. It then analyzes the content of the relevant international rules dealing with domestic criminal jurisdiction for the repression of international crimes.
Chapter
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines terrorism and State violence. It addresses two key questions: Is terrorism criminal? What issues are raised by the responses of governments to their sharply heightened perception of terrorism as a significant threat? On the first question, it is argued that while most acts seen as terrorist can fall under, and be dealt with by normal criminal legislation, there are at least two large areas of complication and ambiguity. On the second question of the legislative responses aimed at controlling terrorism, the chapter focuses on the extent to which, both nationally and internationally, it becomes impossible for governments to avoid confronting the crucial issue of balance.
Chapter
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This introductory chapter sets out the book's purpose, which is to introduce students to the broad study of criminology. The study begins at the end of the nineteenth century and considers theories that have gained credence over the past century or so. It then discusses two important aspects to many theories and the policies used by States in addressing crime, over the period studied. First, are offenders acting entirely out of choice or free will, and can thus be blamed and called to account for their actions? Second, are offenders less volitional in that their choices are limited through structural or social factors which tend to exclude or marginalise some groups or individuals? An overview of the subsequent chapters is also presented.
Chapter
This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.
Chapter
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
This chapter discusses the two major theories that are currently in use in international criminal law to address group criminality: joint criminal enterprise; and co-perpetration by control over the crime. Under these theories, each participant will be treated as a principal, provided that he played a sufficiently important role in the commission of the crime. Gradations of culpability may be taken into account at the sentencing stage. In addition, although joint criminal enterprise focuses on shared intention and co-perpetration focuses on shared action, the application of either theory will yield the same result in most cases. Indirect perpetration is then analyzed.
Chapter
This chapter focuses on the magistrates’ courts. It discusses the importance of the magistracy and the work that they do; the involvement (and funding) of lawyers in summary justice; major pre-trial decisions such as bail and whether a case can be dealt with in the magistrates’ court or is so serious that it needs to be sent to the Crown court (mode of trial/allocation); how magistrates and their legal advisors measure up to the crime control/due process models of criminal justice; and the future of summary justice (including the impact of managerialist and ‘victim rights’ reforms and trends that encourage dealing with much lower court business away from the courtroom itself).
Chapter
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter, which summarises the preceding discussions and presents some final thoughts, suggests that we have now entered into a period of substantial change and progress in the field of criminology. Many of the people working in this area are now better equipped to make fuller use of statistical methods. Technological advances—and especially the development of the computer—have also revolutionised both the amount of material that can be collected and, even more, the ways in which it can be analysed and manipulated.
Chapter
This chapter deals with international criminal procedure, focusing on the International Criminal Court (ICC). It first introduces international criminal procedure and the various parties involved in the process (judges, prosecutors, suspects or accused persons, and witnesses and victims). It then examines the pre-trial phase of proceedings, including criminal investigation, the decision to prosecute, and the role of the document specifying the charges (called an ‘indictment’ by some courts and national systems). Next, the chapter provides an overview of the trial phase and examines the role of guilty pleas, evidence (and its pre-trial disclosure), and the conduct of trial proceedings.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses inchoate offences. Inchoate offences are where the full offence is not completed. The reason that the law fixes liability on defendants who have not fulfilled the full offence is to punish those who are willing to be involved in criminality even where the full offence is not, for one reason or another, completed. The law governing all inchoate offences is in a state of flux; the common law offence of incitement was replaced with new offences under the Serious Crime Act 2007. The law governing conspiracy and attempts was the subject of a Law Commission Report in December 2009.
Chapter
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
International criminal law (ICL) is a body of international rules designed both to proscribe certain categories of conduct (war crimes, crimes against humanity, genocide, torture, aggression, international terrorism) and to make those persons who engage in such conduct criminally liable. These rules consequently either authorize states, or impose upon them the obligation to prosecute and punish such criminal conducts. This chapter discusses the main features of ICL; the sources of ICL; and the notion of international crimes.
Chapter
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
This chapter discusses the notions of omission liability and superior responsibility. International criminal liability may arise not only as a result of a positive act but also from an omission; that is, the failure to take the required action. Omission is only criminalized when the law imposes a clear obligation to act and the person fails to do what is legally required. The post-Second World War tribunals recognized that both action and omission to act in accordance with a legal duty could fulfil the physical element (actus reus) of a crime. Additionally, the doctrine of superior responsibility (also referred to as command responsibility, since it originally developed in a military context) emerged in its modern form as a discrete and important type of omission liability in the post-war case law. Pursuant to this doctrine, a superior who omits to prevent or punish his subordinate’s criminal acts may be held criminally responsible.
Book
Edited by Anthea Hucklesby and Azrini Wahidin
Criminal Justice provides a thought-provoking and critical introduction to the challenges faced by the UK's criminal justice system, including policing, sentencing, and punishment at the beginning of the twenty-first century. Expert contributors, including criminologists and lawyers, provide students with a critical introduction to issues, institutions, and agencies that shape the operation of the criminal justice system. The book provides students from a range of disciplines including criminology, law, sociology, psychology, and social policy with knowledge and understanding of the key areas of the subject and an appreciation of contemporary debates, policies, and perspectives. Each chapter features questions, summaries, tables, diagrams, annotated further reading, and weblinks to ensure the book is as accessible and engaging as possible, and provides clear guidance on further study. An illuminating glossary of key terms is also included. In this second edition: all chapters have been completely revised and updated; a new chapter has been included on the policy landscape of criminal justice; additional material has been incorporated into two chapters on the police and policing; and a new chapter on the criminal courts has been included, as have additional chapters on innovative aspects of criminal justice, and science and psychology in criminal justice. This title is accompanied by an Online Resource Centre containing an online version of the glossary of key terms and annotated web links.
Chapter
Chapter 2 sketched a normative model of the criminal process in which the pursuit of a particular end—retributive justice—was constituted and constrained by respect for rights and other values. This chapter examines one way in which the demands of this rather abstract model can be put into practice: through the consideration of ethics. It begins with a brief discussion of the idea of ethical conduct. It then outlines some unethical practices, and is followed by attempts to examine and reconstruct some possible justifications for such practices. Next, it looks at the problems of displacing the occupational cultures and other influences which may lead to resistance against change. It goes on to discuss formal accountability systems and concludes with a consideration of the prospects for bringing about changes in the conduct of practitioners within the system.
